Queensland Consolidated Acts

PLANNING AND ENVIRONMENT COURT ACT 2016 - SECT 34

34 Power to state case for Court of Appeal

(1) This section applies if—

(a) a question of law arises during a P&E Court proceeding; and

(b) the proceeding has not ended; and

(c) the P&E Court judge presiding considers it desirable that the Court of Appeal decides the question.

(2) The P&E Court judge may state the question in the form of a case stated for the Court of Appeal’s opinion.

(3) Until the Court of Appeal decides the case stated, the P&E Court can not make a decision to which the question is relevant.

(4) The P&E Court can not, in the P&E Court proceeding, proceed in a way, or make a decision, inconsistent with the Court of Appeal’s decision on the case stated.